INTERPRETATION.
In These Regulations:
· ‘The board’ means the Board of Directors for the time being of the Ring.
· ‘The Chief Executive’ means the person appointed by the Board to administer the Ring for the time being.
· ‘Member’ means a shareholder in the Ring who is bound by a written contract with the Ring to observe the requirements of these Regulations.
· ‘Machinery’ means agricultural vehicles, machinery and equipment.
· ‘Recruitment services’ means persons working under contracts for services.
· ‘Supply of goods’ means any commodity supplied through the Ring.
· ‘Recipient’ means a member who acquires the use of any services through facilities provided by the Ring.
· ‘The Ring’ means SASTAK Limited.
· ‘Supplier’ means a member, or any other party, who supplies machinery, labour services or goods for use through facilities provided by the Ring.
ANNUAL SUBSCRIPTION.
1. Every member shall pay the Ring an annual subscription of £95.00 + £16.63 VAT or such other sum as may be decided by the Board before the beginning of any accounting year of the Ring.
2. Every Self Employed registered person shall pay the Ring an annual subscription of £30 + £5.25 VAT or such other sum as may be decided by the Board before the beginning of any accounting year of the Ring.
LEVIES.
3. In respect of every transaction between a recipient and a supplier the Ring shall be paid a levy of 4 per cent of the transaction charge, being 2 per cent deducted from the sum credited to the supplier and 2 per cent added to the sum debited to the recipient, with a minimum of £3.00 for each party. In respect of recruitment services and the supply of goods, this rate may vary by prior arrangement with the Chief Executive.
INFORMATION.
4. Every member must furnish the Ring with such information regarding his machinery and its availability and his likely requirements for the use of machinery as the Ring staff reasonably requests from time to time.
5. From time to time the Ring will circularise the members with a list of available machinery and services with recommended charges.
ARRANGEMENTS FOR USE.
6. When a recipient has a specific requirement for the use of the Ring services he must contact the Ring as soon as practicable. When the Ring staff are contacted, if possible they will match the requirement with a service available from a supplier and notify the recipient and the supplier accordingly.
7. Recipients must always give the Ring the first opportunity to provide a service.
8. All inter-member work must be invoiced through the Ring. Suppliers directly invoicing Ring work will be debited 4% levy. The recipients levy will be waived.
PAYMENT.
9. Unless the recipient and the supplier agree otherwise and notify the Ring, all work is undertaken at the charge specified in the then current list circularised under regulation 5 above.
10. When work has been completed to the satisfaction of the recipient a schedule of the work done must be prepared, signed by the recipient and the supplier and returned by the supplier to the Ring.
11. The Ring will arrange for the recipient to be debited and the supplier to be credited with the sum due within thirty days after receiving a completed schedule under regulation 8 above by variable direct debit and credit with their respective banks.
12. Every member shall have a current account at a bank and shall provide a mandate as required by the ring to facilitate the making of debits and credits under Regulation 10 above.
ROLE OF THE RING.
13. In arranging a transaction between a recipient and a supplier and effecting payment the ring acts as an intermediary, and not at any time as principal, and the ring is not liable for any default in payment by a recipient nor for any loss, injury or damage caused by a supplier.
INSURANCE.
14. Every supplier must ensure that he is fully insured to cover contracting work and public liability.
15. Every recipient must ensure that he is fully insured to cover personal accident and injury occurring in the course of work being done on his farm and should be covered for employers liability.
16. If hiring a machine he must be fully insured to use the equipment.
LIABILITY.
17. Unless the recipient and the supplier agree otherwise and make such special insurance arrangements as they consider necessary, any liability of the supplier for any loss of crop or reduction in yield suffered by the recipient as a result of any use of the suppliers machinery is limited to the amount of the charge payable in respect of that use.
MACHINERY.
18. The supplier must ensure that his machinery is in a proper state of repair and is fit for its purpose and that it complies with all relevant safety requirements of the law.
19. The recipient is responsible for any damage to the suppliers machinery caused by the neglect or default of the recipient or his employees.
BREAKDOWN.
20. The Ring must be notified immediately of any breakdown of the suppliers machinery while working for a recipient. The manager will allow what he considers to be a reasonable period for repairs, taking into account the practical requirements of the recipient. If the repair is not completed in that period, or at any time the Chief Evecutive judges that it will not be so completed, the Chief Executive may arrange for another supplier to complete the work in which case each supplier will be paid for that part of work by his machinery.
RECRUITMENT SERVICES.
21. The recipient shall be bound by and observe the ‘Recruitment Services Terms & Conditions of Business’ of the Ring current and from time to time as notified in writing to all members.
COMPLAINTS.
22. Every complaint regarding transactions between members must be made in writing to the Chief Executive for mediation or adjudication, as he thinks is fit. If a member is dissatisfied with the decision of the Manager or mediation fails to bring about a settlement, a member has the right, on application to the Chief Executive, to put the matter to the Board.
23. The Board will consider representations by each member concerned who submits them and shall decide the issue. The Boards decision shall be final.
24. Any complaint by a member about the administration of the Ring by the Chief Executive may be raised with the Chairman or the Vice Chairman of the Board, either orally or in writing as the officer concerned directs. If no mutually acceptable settlement is achieved, the matter will be referred to the Board.
OPERATING REGULATIONS REVISED DECEMBER 2006.